BILL NUMBER: AB 241 CHAPTERED
BILL TEXT
CHAPTER 374
FILED WITH SECRETARY OF STATE SEPTEMBER 26, 2013
APPROVED BY GOVERNOR SEPTEMBER 26, 2013
PASSED THE SENATE SEPTEMBER 11, 2013
PASSED THE ASSEMBLY SEPTEMBER 12, 2013
AMENDED IN SENATE SEPTEMBER 6, 2013
AMENDED IN SENATE SEPTEMBER 3, 2013
AMENDED IN SENATE JULY 1, 2013
AMENDED IN ASSEMBLY MAY 24, 2013
AMENDED IN ASSEMBLY MARCH 19, 2013
INTRODUCED BY Assembly Member Ammiano
(Coauthors: Assembly Members Fong and Weber)
(Coauthors: Senators Block, De León, Hueso, and Lara)
FEBRUARY 6, 2013
An act to add Part 4.5 (commencing with Section 1450) to Division
2 of, and to repeal Section 1454 of, the Labor Code, relating to
domestic work employees.
LEGISLATIVE COUNSEL'S DIGEST
AB 241, Ammiano. Domestic work employees: labor standards.
(1) Existing law regulates the wages, hours, and working
conditions of any man, woman, and minor employed in any occupation,
trade, or industry, whether compensation is measured by time, piece,
or otherwise, except as specified. Existing law creates the
Industrial Welfare Commission and authorizes it to adopt rules,
regulations, and orders to ensure that employers comply with those
provisions. Wage Order No. 15-2001 of the commission regulates wages,
hours, and working conditions for household occupations. Existing
law makes violations of certain of these provisions a misdemeanor.
This bill would enact the Domestic Worker Bill of Rights to, until
January 1, 2017, regulate the hours of work of certain domestic work
employees and provide an overtime compensation rate for those
employees. The bill would define various terms for the purposes of
the act, including defining domestic work to mean services related to
the care of persons in private households or maintenance of private
households or their premises, which would include childcare
providers, caregivers of people with disabilities, sick,
convalescing, or elderly persons, house cleaners, housekeepers,
maids, and other household occupations. The bill would, until January
1, 2017, require the Governor to convene a committee to study and
report to the Governor on the effects of this act. By expanding the
definition of a crime, this bill would impose a state-mandated local
program.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Part 4.5 (commencing with Section 1450) is added to
Division 2 of the Labor Code, to read:
PART 4.5. Domestic Work Employees
CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS
1450. This part shall be known and may be cited as the Domestic
Worker Bill of Rights.
1451. As used in this part, the following definitions apply:
(a) (1) "Domestic work" means services related to the care of
persons in private households or maintenance of private households or
their premises. Domestic work occupations include childcare
providers, caregivers of people with disabilities, sick,
convalescing, or elderly persons, house cleaners, housekeepers,
maids, and other household occupations.
(2) "Domestic work" does not include care of persons in facilities
providing board or lodging in addition to medical, nursing,
convalescent, aged, or child care, including, but not limited to,
residential care facilities for the elderly.
(b) (1) "Domestic work employee" means an individual who performs
domestic work and includes live-in domestic work employees and
personal attendants.
(2) "Domestic work employee" does not include any of the
following:
(A) Any person who performs services through the In-Home
Supportive Services program under Article 7 (commencing with Section
12300) of Chapter 3 of Part 3 of Division 9 of, or Sections 14132.95,
14132.952, and 14132.956 of, the Welfare and Institutions Code.
(B) Any person who is the parent, grandparent, spouse, sibling,
child, or legally adopted child of the domestic work employer.
(C) Any person under 18 years of age who is employed as a
babysitter for a minor child of the domestic work employer in the
employer's home.
(D) Any person employed as a casual babysitter for a minor child
in the domestic employer's home. A casual babysitter is a person
whose employment is irregular or intermittent and is not performed by
an individual whose vocation is babysitting. If a person who
performs babysitting services on an irregular and intermittent basis
does a significant amount of work other than supervising, feeding,
and dressing a child, this exemption shall not apply and the person
shall be considered a domestic work employee. A person who is a
casual babysitter who is over 18 years of age retains the right to
payment of minimum wage for all hours worked, pursuant to Wage Order
No. 15-2001 of the Industrial Welfare Commission.
(E) Any person employed by a licensed health facility, as defined
in Section 1250 of the Health and Safety Code.
(F) Any person who is employed pursuant to a voucher issued
through a regional center or who is employed by, or contracts with,
an organization vendored or contracted through a regional center or
the State Department of Developmental Services pursuant to the
Lanterman Developmental Disabilities Services Act (Division 4.5
(commencing with Section 4500) of the Welfare and Institutions Code)
or the California Early Intervention Services Act (Title 14
(commencing with Section 95000) of the Government Code) to provide
services and support for persons with developmental disabilities, as
defined in Section 4512 of the Welfare and Institutions Code, when
any funding for those services is provided through the State
Department of Developmental Services.
(G) Any person who provides child care and who, pursuant to
subdivision (d) or (f) of Section 1596.792 of the Health and Safety
Code, is exempt from the licensing requirements of Chapters 3.4
(commencing with Section 1596.70), 3.5 (commencing with Section
1596.90), and 3.6 (commencing with Section 1597.30) of Division 2 of
the Health and Safety Code, if the parent or guardian of the child to
whom child care is provided receives child care and development
services pursuant to any program authorized under the Child Care and
Development Services Act (Chapter 2 (commencing with Section 8200) of
Part 6 of Division 1 of Title 1 of the Education Code) or the
California Work Opportunity and Responsibility to Kids Act (Chapter 2
(commencing with Section 11200) of Part 3 of Division 9 of the
Welfare and Institutions Code).
(c) (1) "Domestic work employer" means a person, including
corporate officers or executives, who directly or indirectly, or
through an agent or any other person, including through the services
of a third-party employer, temporary service, or staffing agency or
similar entity, employs or exercises control over the wages, hours,
or working conditions of a domestic work employee.
(2) "Domestic work employer" does not include any of the
following:
(A) Any person or entity that employs or exercises control over
the wages, hours, or working conditions of an individual who performs
domestic work services through the In-Home Supportive Services
program under Article 7 (commencing with Section 12300) of Chapter 3
of Part 3 of Division 9 of, or Sections 14132.95, 14132.952, and
14132.956 of, the Welfare and Institutions Code or who is eligible
for that program.
(B) An employment agency that complies with Section 1812.5095 of
the Civil Code and that operates solely to procure, offer, refer,
provide, or attempt to provide work to domestic workers if the
relationship between the employment agency and the domestic workers
for whom the agency procures, offers, refers, provides, or attempts
to provide domestic work is characterized by all of the factors
listed in subdivision (b) of Section 1812.5095 of the Civil Code and
Section 687.2 of the Unemployment Insurance Code.
(C) A licensed health facility, as defined in Section 1250 of the
Health and Safety Code.
(d) "Personal attendant" means any person employed by a private
householder or by any third-party employer recognized in the health
care industry to work in a private household, to supervise, feed, or
dress a child, or a person who by reason of advanced age, physical
disability, or mental deficiency needs supervision. The status of
personal attendant shall apply when no significant amount of work
other than the foregoing is required. For purposes of this
subdivision, "no significant amount of work" means work other than
the foregoing did not exceed 20 percent of the total weekly hours
worked.
1452. The Governor shall convene a committee composed of personal
attendants or their representatives and the employers of personal
attendants or their representatives. The committee shall study and
report to the Governor on the effects this part has on personal
attendants and their employers.
1453. This part shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
CHAPTER 2. DOMESTIC WORK EMPLOYEE RIGHTS
1454. A domestic work employee who is a personal attendant shall
not be employed more than nine hours in any workday or more than 45
hours in any workweek unless the employee receives one and one-half
times the employee's regular rate of pay for all hours worked over
nine hours in any workday and for all hours worked more than 45 hours
in the workweek.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.